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MINUTES
BOARD OF SUPERVISORS
R. J. REELER, 1st District
JANE DOlJ4N, 2nd District
MARY ANNE ROUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
April 22, 1997
Call to order - Board of Supervisors room,
County Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Beeler, Dolan, Houx,
Josiassen and Chair Davis. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel;
and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Pastor George Lawrence, Foothill Community
Church, Oroville.
Consent Agenda
97-134 1. Approval of minutes - action requested - APPROVE
MINUTES OF APRIL 8, 1997.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFER B-205 (INFORMATION SYSTEMS SUPPORT
SERVICES), B-200 (SHERIFF-CORONER}, B-193
(VETERAN'S SERVICE OFFICE), B-190 (DEVELOPMENT
SERVICES), B-191 (PUBLIC WORKS), B-194 (COUNTY
COUNSEL/ DEVELOPMENT SERVICES), AND B-204 (SHERIFF-
CORONER.)
3. County Library donations - in accordance with
Government Code Section 25355, donations of $3,025
from Gridley Friends of the Library, $1,555 from
Chico Friends of the Library, and $120 from Butte
Libraries Foundation, Chico have been received for
the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
page 131
April 22, 1997
April 22, 1997
97-134 4. County Fire Warden - action requested - APPOINT
GARY F. ROSS AS COUNTY FIRE WARDEN PURSUANT TO
GOVERNMENT CODE SECTION 24008.
5. Community Action Agency - action requested -
APPOINT LAUREL BLANKENSHIP AS THE SECOND DISTRICT
REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY.
6. Final map - Butte Villas Subdivision - the
developer has provided a maintenance bond to
guarantee maintenance of facilities for a period of
one year, starting March 18, 1997 on AP 041-130-
021, six lots, property located on the south side
of Durham Pentz Road across from the entrance to
Butte College, Butte College area - action
requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT
ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE
THE ONE-FOOT NO ACCESS STRIP AS OFFERED IN ITEM 4
OF THE OWNER'S STATEMENT (NOTE: THAT PORTION OF
VILLA VISTA DRIVE OFFERED FOR DEDICATION IN ITEM 3
OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS
TIME); AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
7. Board of Supervisors - Board authorization is
requested for the purchase of one desk top
computer, estimated at $2,000, plus tax and
delivery (Department budget) for the Fifth District
Supervisor - action requested - APPROVE BUDGET
TRANSFER B-192 AND PURCHASE OF FIXED ASSET ITEM.
8. Fire Department - Board authorization is requested
to purchase a battery optimizer (a battery
reconditioner for cellular phones and handie
talkies) in the maximum amount of $995
(Department budget) - action requested - APPROVE
BUDGET TRANSFER B-198 AND PURCHASE OF FIXED ASSET
ITEM.
Paae 135
lpril 22, 1997
April 22, 1997
97-134 9. Aircon Energy, Inc. - Energy Management Project -
amendment no. 1 covers a change order to the Energy
Management Project which will allow for the
replacement of a 100 ton chiller unit serving the
Administration Building at an estimated cost of
$64,500. Funding will come from a $34,800 credit
for work changes at One County Center Drive and the
balance from accrued interest earnings on project
funds held in trust - action requested - APPROVE
AMENDMENT N0. 1 AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER, AND APPROVE BUDGET TRANSFER B-203.
10. Award of bid no. 90-97 - Mental Health vehicles -
bids have been opened for the purchase of two mid-
size sedans for the Mental Health Department with
the low bidder meeting specifications being Dow
Lewis Motors of Yuba City in the amount of
$27,027 - action requested - AWARD BID.
11. Award of bid no. 95-97 - Agriculture vehicles -
bids have been opened for the purchase of a sedan,
a one-half ton pick-up, and a compact pick-up truck
for the department. The low bidder meeting
specifications is New Jackson Ford of Jackson, CA
in the amount of $42,423.71, including tax and DMV
fees - action requested - AWARD BID.
12. Notice of Completion - Courthouse Addition
Project - all work on the project has been
completed in accordance with the plans and
specifications - action requested - ACCEPT THE
PROJECT AND AUTHORIZE FILING OF THE NOTICE OF
COMPLETION.
13. Contract change order (CCO) no. 4 - 7 County Center
Drive Building Addition Project - CCO No. 4, in the
increasing amount of $1,248.50, provides for extra
cabinet work, addition of acoustical ceiling in the
new file room, and demolition work at the southwest
corner of the building - action requested - APPROVE
CCO N0. 4 AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
14. Notice of Completion - Public Works Building
Addition (Bid No. 07-97) - all work on the project
has been completed in accordance with the plans and
specifications - action requested - ACCEPT THE
PROJECT AND AUTHORISE FILING OF THE NOTICE OF
COMPLETION.
Page 136 April 22, 1997
April 22, 1997
97-134 15. Public Health Department - Board authorization is
requested to purchase a computer ($3,000),
printer ($1,000), TV/VCR unit ($500), and FAX
machine ($600) in the total amount of $5,100 (100
State/Early Intervention Project) - action
requested - APPROVE BUDGET TRANSFER B-201 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE OF $5,100
AND APPROVE PURCHASE OF FIXED ASSET ITEMS.
16. Investments Information Report - the Treasurer-Tax
Collector submits the Investments Information
Report for March 31, 1997 in accordance with the
Butte County Statement of Investment Policy dated
July 17, 1996 - action requested - ACCEPT FOR
INFORMATION.
17. County Library - pursuant to Resolution 75-177 and
Government Code Section 29390, Board approval is
requested for relief from accountability in the
amount of $50.00, stolen from the Oroville Branch
of the Library on December 2,1996, and in the
amount of $17.15, stolen from the Oroville
Branch of the Library on December 12, 1996. The
District Attorney is in agreement with the facts
and conclusions reported by the Auditor-Controller
(memoranda dated December 4, 1996 and December 17,
1996) in which he finds no gross negligence exists
in these two instances and supports relief from
accountability - action requested - GRANT RELIEF
FROM ACCOUNTABILITY.
18. Adoption of a salary ordfinance amendment to delete
one Sheriff's Clerk II, I position (currently
vacant) and add one Sheriff's Clerk III, II, I
position (Budget Unit 360-002.) This change will
allow the Department greater flexibility in dealing
with an increasingly technical workload issue.
Total cost to the Department for the 1996-97 fiscal
year will be $378 (including benefits adjustments),
which the Department head has indicated can be
covered under existing appropriations - action
requested - ADOPT ORDINANCE 3327 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 4-8-97)
Page 137
April 22, 1997
April 22, 1997
97-134
19. Adoption of a salary ordinance amendment to add one
limited term position of Superintendent-Buildings
and Grounds due to a long-term medical (worker's
compensation) leave of absence. The Personnel
Rules limit the number of hours an extra help
employee can work to a maximum of 960 hours; thus,
the request to allocate one limited term position
until such time as the status of the employee's
worker's compensation claim is settled. The
General Services Director has indicated that
adequate funding is available under existing
appropriations - action requested - ADOPT ORDINANCE
3328 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-8-
97)
20. Eligibility Renewal Application - Federal Surplus
Property Program - a form of resolution has been
prepared for submittal to the State Department of
General Services authorizing certain County
representatives to acquire Federal surplus
property - action requested - ADOPT RESOLUTION 97-
48 AND AUTHORIZE THE CHAIR TO SIGN.
21. Storm Damage Project Management - a resolution has
been prepared setting forth a policy to expedite
and manage emergency storm damage projects in Butte
County. The resolution allows for retaining
professional engineer assistance to develop
specifications, bid projects, perform construction
inspection, and generally manage emergency repair
services; and authorizes the General Services
Director to engage engineering services, sign all
contracts, and award bids for projects up to
$30,000 - action requested - ADOPT RESOLUTION 97-49
AND AUTHORIZE THE CHAIR TO SIGN.
22. Resolution approving that the Butte County
Sheriff's Helicopters be Utilized to Provide Public
Protection to the Citizens of Butte County - action
requested - ADOPT RESOLUTION 97-50 AND AUTHORIZE
THE CHAIR TO SIGN.
Page 138
April 22, 1997
~ ~
April 22, 1997
97-134 23. Exchange and State Match Programs Agreement No.
X97-5912(020), Federal Apportionment Exchange
Program and State Match Program - proposed is
execution of Exchange Programs Agreement No. X97-
5912(020), which provides for the exchange of
Federal apportionment funds for a like amount of
Nonfederal State Highway Account Funds and the
disbursement of State Matching Funds for fiscal
year 1996-97. The exchange of funds enables the
expenditure of the funds on projects under less
restrictive State guidelines in lieu of the more
restrictive Federal guidelines - action requested -
ADOPT RESOLUTION 97-51 APPROVING AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-8-97)
24. Notices of completion for emergency projects for
the repair of storm damage - all contract work has
been completed in accordance with contract
documents for Emergency Repair Project No. ER-
48253-97-01 (emergency repair of storm damage on
Durham Dayton Highway Bridge across Butte Creek,
County contract no. X10463); Emergency Repair
Project No. ER-31152-97-02 (Emergency repair of
storm damage on Nelson Road Bridge across Butte
Creek, County contract no. X10464); Emergency
Repair Project No. ER-18445A-97-03 {Emergency
repair of storm damage on Pacific Heights Road from
1.45 to 1.70 miles west of State Route 70, County
contract no. X10475); and Emergency Repair Project
No. ER-03531-97-04 (Emergency Repair of damage on
various on-system Butte County Roads, County
contract no. X10474) - action requested - ACCEPT
CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICES
OF COMPLETION, AND AUTHORIZE THE RECORDING OF THE
NOTICES OF COMPLETION.
25. California State University, Chico (CSUC) -
proposed is an extension of the current contract
with CSUC for interim support services on
information systems to June 30, 1997 in the maximum
amount of $55,038 (Data Processing) to allow
additional time for completion of the "backbone"
project and hiring of staff - action requested -
APPROVE EXTENSION OF CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Contract no. X10388)
Page 139
April 22, 1997
April 22, 1997
97-134 26. County Counsel - proposed is the third amendment to
the agreement for employment services - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
THE AUDITOR-CONTROLLER.
27. State of California - Drug Court Program - the
Consolidated Courts have been awarded a $10,000
Drug Court Grant by the State Judicial Council to
expand services to Drug Court participants. The
North Valley Community Foundation has offered to
donate the $2,500 in required matching funds, which
will provide for a total of $12,500 in additional
funding for the Drug Court Program - action
requested:
A. AUTHORIZE ACCEPTANCE OF THE $10,000 GRANT
FUNDS AND THE $2,500 IN MATCHING FUNDS TO BE
DEPOSITED IN AN INTEREST BEARING TRUST
ACCOUNT;
B. ADOPT RESOLUTION 97-52 AUTHORIZING THE COURT
EXECUTIVE OFFICER TO SIGN THE CONTRACT WITH
THE STATE OF CALIFORNIA JUDICIAL COUNCIL; AND
C. AUTHORIZE A LETTER OF APPRECIATION TO THE
NORTH VALLEY COMMUNITY FOUNDATION RND
AUTHORIZE THE CHAIR TO SIGN.
28. State Department of Toxic Substances Control -
Hazardous Material Sampling Equipment Agreement - a
grant agreement has been prepared with the State
Department of Toxic Substances Control wherein
Butte County is acting as the sponsor for 13
Northern California counties, including Butte.
The amount of the agreement is $26,000 with no fund
matching requirements. The equipment acquired is a
Drager-CMS sampling unit with necessary supplies
and charger unit - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN;
AUTHORIZE ACQUISITION OF FIXED ASSET ITEM;
RECOGNIZE UNANTICIPATED REVENUE AND APPROVE BUDGET
TRANSFER B-196.
Page 240
April 22, 1997
April 22, 1997
97-134 29. Homeless shelter agreements - agreements have been
prepared with the State of California Military
Department and the Chico Salvation Army each in the
amount of $18,455 covering the operation of a
homeless shelter in Chico for winter 1996/97 -
action requested - APPROVE AGREEMENTS AND AUTHORIZE
THE CHAIR TO SIGN, RECOGNIZE UNANTICIPATED REVENUE
AND APPROVE BUDGET TRANSFER B-195.
30. Managed Health Network, Inc. (MHN) - Employee
Assistance Program - proposed is the renewal of the
contract for the provision of the Employee
Assistance Program for County employees and their
dependents. The renewal contract covers a one year
period starting May 1, 1997 and ending April 30,
1998. There is no rate increase for the renewal
period - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER.
31. James W. Voss, Ph.D. - proposed is an amendment to
the contract for the provision of psychological and
medical testing for clients of the Supplemental
Security Income (SSI) Outreach and Advocacy Program
Demonstration Project within the Welfare
Department, GAIN Division. The amendment increases
the contract amount from $9,900 to $17,900 (100
Federal) - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
32. California Council of Partnerships of the
California State Association of Counties -
effective January 1, 1997, the California State
Association of Counties Corporate Associates
Program assumed the responsibilities of its Council
of Partnerships. The Corporate Associates Program
does not require Board action - action requested -
ACKNOWLEDGE THE DISBANDING OF THE CALIFORNIA
COUNCIL OF PARTNERSHIPS OF THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES.
Page 141
April 22, 1997
April 22, 1997
97-134 33. Inmate Farm Expansion - the Sheriff-Coroner
proposes an expansion to the Jail farm agriculture
building utilizing funds from the Inmate Welfare
Fund - action requested - BOARD APPROVAL TO PROCEED
WITH THE PROJECT SUBJECT TO ITS MEETING THE ACTUAL
AND APPROPRIATE BUILDING CODES, PERMITTING
PROCESSES, AND REQUIREMENTS OF CITY AND COUNTY
POLICIES AND INTENTIONS THEREOF.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
97-135 Appointments - commissions and committees.
A. Appointments to committee vacancies. (119) {NONE)
97-136 Update on Sacramento legislative and budget activities.
(JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER,
REFERENCED THE CALIFORNIA STATE ASSOCIATION OF COUNTIES
LEGISLATIVE BULLETIN)
97-137 Report to the Board on Watershed Management and
Protection - identifying sources of funds to protect
private property and public trust resources in the
counties of origin - action requested - ACCEPT FOR
INFORMATION. (130) (REPORT TO THE BOARD BY PATRICK
PORGANS, GOVERNMENT REGULATORY SPECIALIST, AND HAROLD H.
GALLIETT, JR., CIVIL ENGINEER)
Page 142
April 22, 1997
April 22, 1997
97-138 User fees at Lake Oroville Recreation Area - action
requested - the Oroville Recreation Advisory Committee
(ORAC} is requesting the Board support the position of
ORAC and the City of Oroville in protesting the
California Department of Parks and Recreation's proposal
to raise fees for use of recreational facilities at Lake
Oroville - action requested - WRITE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN. (898)
MOTION: I MOVE TO APPROVE A LETTER FROM THE BOARD IN
SUPPORT OF LAKE OROVILLE RECREATION AREA'S
POSITION IN OPPOSITION TO THE CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION'S PROPOSAL
TO RAISE FEES FOR USE OF RECREATIONAL
FACILITIES AT LAKE OROVILLE AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-139 CALFED Bay-Delta Program - action requested:
A. Consider recommendations from the CAI,FED
Groundwater Committee;
B. Consider recommendations from the CALFED Flood
Control Committee; and
C. Consider recommendations from the CALFED Storage
and Conveyance Committee.
Action requested - BOARD SUPPORT OF THE RECOMMENDATIONS
FROM THE CALFED GROUNDWATER, FLOOD CONTROL, AND STORAGE
AND CONVEYANCE COMMITTEES. (1085)
MOTION: I MOVE THAT THE BOARD SUPPORT THE
RECOMMENDATIONS FROM THE CALFED GROUNDWATER,
FLOOD CONTROL, AND STORAGE AND CONVEYANCE
COMMITTEES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 143
April 22, 1997
April 22, 1997
97-140 A HEARING UPON WHICH A PUBLIC HEARING HAS PREVIOUSLY BEEN
HELD - Bruce Roe - consideration of a rezone (item on
which a negative declaration regarding environmental
impacts has been recommended) on APN 048-010-074, a 70.3
acre parcel and a two acre + portion of APN 098-010-075
from A-40 (Agricultural - 40 acre parcels) to A-20
(Agricultural - 20 acre parcels), property located on the
southeast corner of Diesel Lane and Vispera Drive, east
of the Chico Municipal Airport - action requested -
SUBJECT TO ENVIRONMENTAL FINDING A, AND GENERAL PLAN AND
ZONING FINDING A, MOVE TO. DENY THE REZONING FOR BRUCE ROE
ON APN 048-010-074 AND -075 FROM A-40 TO A-20. (THE
PUBLIC HEARING PORTION OF THIS APPEAL HAS BEEN COMPLETED.
INPUT FROM THE PUBLIC WILL BE LIMITED TO COMMENTS ON THE
PROPOSED MOTION AND FINDINGS.) (FROM 4-8-97) (NO ACTION
TAKEN/CONTINUED TO MAY 27, 1997)
97-141 Probation Department - the Chief Probation Officer has
initiated a process whereby a portion of the costs of
that department can be claimed against Federal Title IV-E
payments that flow into the Welfare Trust Fund. This
process began with the second quarter this fiscal year
and will continue into subsequent years. The Department
is estimating that annual revenues generated by this
activity will be $140,000 - action requested:
PROBATION DEPARTMENT REQUEST
A. APPROVE BUDGET TRANSFER B-197 ACCEPTING AND
APPROPRIATING $140,000 ($9,974 TO SPECIAL
DEPARTMENT EXPENSES/$113,685 TO FIXED
ASSETS/BALANCE OF $16,301 UNALLOCATED REVENUE TO
ENHANCE GENERAL FUND CARRYOVER FOR FISCAL YEAR
1997-98) IN UNANTICIPATED REVENUE; AND
B. APPROVE PURCHASE OF FOUR FULL-SIZE SEDANS AND ONE
UTILITY VEHICLE.
OR
CHIEF ADMINISTRATIVE OFFICER RECOMMENDATION
A. DIRECT THE AUDITOR-CONTROLLER TO PROCESS A BUDGET
TRANSFER ACCEPTING AND APPROPRIATING $140,000
($9,974 TO SPECIAL DEPARTMENT EXPENSE/$60,000 TO
FIXED ASSETS/BALANCE OF $53,725 UNALLOCATED REVENUE
TO ENHANCE GENERAL FUND CARRYOVER FOR FISCAL YEAR
1997-98) IN UNANTICIPATED REVENUE;
B. APPROVE PURCHASE OF TWO FULL-SIZE SEDANS AND ONE
UTILITY VEHICLE. (NO ACTION TAKEN)
Page 144 April 22, 1997
April 22, 1997
RECESS: 9:53 A.M.
RECONVENE: 10:05 A.M.
97-142 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (1284)
1. Frank Isham, Oroville - imploring the County to
assist in any way possible to expedite the
recovery of Brian's (his son) body from the Feather
River diversion pool or forebay (Brian was a
drowning victim 27 days ago.)
Public Hearings and Timed Items
97-143 Public hearing - County Service Area (CSA) charges for
fiscal year 1997-98:
A. Existing Service Charge Per Parcel - to consider
the reimposition of existing service charges per
parcel pursuant to Government Code Section
25210.77a and Butte County Code Section 21-89 -
action requested - ADOPT RESOLUTION REIMPOSING
EXISTING SERVICE CHARGES FOR FISCAL YEAR 1997-98
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-25-97)
(PUBLIC HEARING CLOSED)
MOTION: I MOVE TO SCHEDULE A SPECIAL MEETING OF THE
BOARD ON TUESDAY, APRIL 29, 1997 AT 9:00 A.M.
FOR THE PURPOSE OF DELIBERATING ON RN ELECTION
OR NOT FOR COUNTY SERVICE AREAS 31, 34 AND
164; WHAT CHARGES SHOULD BE INCLUDED IF A
MAJORITY OF THE BOARD STILL THINKS THEY SHOULD
GO TO ELECTION; AND CLOSED SESSION INTERVIEWS
FOR DIRECTOR-INFORMATION SERVICES.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 145
April 22, 1997
April 22, 1997
97-193 B. Incremental Amount Above Existing Service Charge
Per Parcel - to consider the imposition of new
incremental service charges in the specified county
service areas in compliance with the procedural
requirements of California Constitution Article
XIII D, Section 6, as enacted by Proposition 218 -
action requested:
1. DETERMINE, AS TO EACH OF THE 16 SPECIFIED
COUNTY SERVICE AREAS, WHETHER THERE IS A
MAJORITY PROTEST OF PROPERTY OWNERS WITHIN THE
CSA;
2. TERMINATE PROCEEDINGS AS TO ANY COUNTY SERVICE
AREA IN WHICH THERE IS A MAJORITY PROTEST OF
PROPERTY OWNERS WITHIN THE CSA; AND
3. AS TO COUNTY SERVICE AREAS 21 AND 82, IF THERE
IS NOT A MAJORITY PROTEST OF PROPERTY OWNERS
WITHIN THE CSA, ADOPT RESOLUTION IMPOSING NEW
INCREMENTAL SERVICE CHARGES FOR 1997-98.
4. AS TO ANY COUNTY SERVICE AREA IN WHICH THERE
IS NOT A MAJORITY PROTEST OF PROPERTY OWNERS
WITHIN THE CSA, ADOPT RESOLUTION IMPOSING NEW
INCREMENTAL SERVICE CHARGES FOR 1997-98
SUBJECT TO APPROVAL BY A MAJORITY VOTE OF THE
OWNERS OF THE PROPERTY SUBJECT TO SUCH
CHARGES, AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-11-97) (1590) (**00)
MOTION: I MOVE THAT THE PROPOSED TEN PERCENT
CONTINGENCY INCREASE BE BASED SOLELY ON THE
PROPOSED PER PARCEL CHARGE, NOT TO INCLUDE THE
COST OF THE ELECTION.
M
VOTE: 1 2 3 4 5 (Motion Dies/Lack of Second)
(HEARING CONTINUED TO AFTER CLOSED SESSION/REFER TO
MINUTE ORDER NO. 97-145)
Page 146
April 22, 1997
April 22, 1997
97-144 CLOSED SESSION: The Board recessed at 12:15 p.m. to
a closed session conference with
legal counsel for actual litigation
pursuant to. Government Code Section
54956.9(a): 1. California
Department of Toxic Substances v.
City of Chico, Butte County et.
al.; 2. Nikolauson v. Butte
County; 3. Edwards v. Butte
County; and 4. Wilton-Putnam v.
Butte County; conference with legal
counsel for potential litigation
pursuant to Government Code Section
54956.9(c): One potential case; and
conference with legal counsel for
public employee appointment pursuant
to Government Code Section 54957:
Director-Information Systems.
RECONVENE: The Board reconvened at 1:47 p.m.
following a closed session conference
with legal counsel for actual litigation
pursuant to Government Code Section
54956.9 (a) : 1. C a l i f o r n i a
Department of Toxic Substances v.
City of Chico, Butte County et. al.;
2. Nikolauson v. Butte County; 3. Edwards
v. Butte County; and 4. Wilton-Putnam v.
Butte County; conference with legal
counsel for potential litigation pursuant
to Government Code Section 54956.9(c):
One potential case; and conference with
legal counsel for public employee
appointment pursuant to Government Code
Section 59957: Director-Information
Systems. (NO ANNOUNCEMENTS)
Page 147
April 22, 1997
n
April 22,. 1997
Public Hearings and Timed Items
97-145
Public hearing - County Service Area (CSA) charges for
fiscal year 1997-98:
B. Incremental Amount Above Existing Service Charge
Per Parcel - to consider the imposition of new
incremental service charges in the specified county
service areas in compliance with the procedural
requirements of California Constitution Article
XIII D, Section 6, as enacted by Proposition 218 -
action requested:
1. DETERMINE, AS TO EACH OF THE 16 SPECIFIED
COUNTY SERVICE AREAS, WHETHER THERE IS A
MAJORITY PROTEST OF PROPERTY OWNERS WITHIN THE
CSA;
2. TERMINATE PROCEEDINGS AS TO ANY COUNTY SERVICE
AREA IN WHICH THERE IS A MAJORITY PROTEST OF
PROPERTY OWNERS WITHIN THE CSA; AND
3. AS TO COUNTY SERVICE AREAS 21 AND 82, IF THERE
IS NOT A MAJORITY PROTEST OF PROPERTY OWNERS
WITHIN THE CSA, ADOPT RESOLUTION IMPOSING NEW
INCREMENTAL SERVICE CHARGES FOR 1997-98.
4. AS TO ANY COUNTY SERVICE AREA IN WHICH THERE
IS NOT A MAJORITY PROTEST OF PROPERTY OWNERS
WITHIN THE CSA, ADOPT RESOLUTION IMPOSING NEW
INCREMENTAL SERVICE CHARGES FOR 1997-98
SUBJECT TO APPROVAL BY A MAJORITY VOTE OF THE
OWNERS OF THE PROPERTY SUBJECT TO SUCH
CHARGES, AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-11-97) (***00)
MOTION: I MOVE TO CLOSE THE PUBLIC HEARING ON ITEM
5.01(B).
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO DELETE THE TEN PERCENT CONTINGENCY
PROVISION FROM THE PROPOSED CHARGE ON EACH
COUNTY SERVICE AREA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 148
April 22, 1997
April 22, 1997
97-145 MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT A
RESOLUTION IMPOSING NEW/INCREMENTAL SERVICE
CHARGES AS AMENDED IN THE SPECIFIED COUNTY
SERVICE AREAS IN COMPLIANCE WITH THE
PROCEDURAL REQUIREMENTS OF CALIFORNIA
CONSTITUTION ARTICLE XIII D, SECTION 6, AS
ENACTED BY PROPOSITION 218 (TO INCLUDE THE
DELETION OF THE TEN PERCENT CONTINGENCY
PROVISION FROM THE PROPOSED CHARGE ON EACH
COUNTY SERVICE AREA, RECOGNIZING THOSE COUNTY
SERVICE AREAS WITH A MAJORITY PROTEST, AND
REDUCTION ON COUNTY SERVICE AREA 135, ZONE 1.)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
RECESS: 3:10 P.M.
RECONVENE: 3:22 P.M.
Regular Agenda
97-146 Recommended options for return to a 40 hour work week for
specified departments:
Option A•
Return to a 40 hour work week for the offices of
the Assessor, Auditor-Controller, County Clerk-
Recorder, Treasurer-Tax Collector, Farm Advisor,
the Women, Infants and Children's (WIC) Unit of the
Public Health Department, specified units of the
Public Works Department, Veteran's Service Office,
Development Services (specified unit), and the
Public Protection/Criminal Justice Departments
consisting of Probation/Juvenile Hall, Public
Guardian, Sheriff-Coroner (specified units),
District Attorney's Child Abduction, Welfare Fraud
and Criminal Divisions - action requested -
CONSIDER AS A TOP PRIORITY IN THE 1997-98 BUDGET
PROCESS.
Page 149
April 22, 1997
April 22, 1997
97-146 Option B:
1. ADOPT RESOLUTION APPROVING THE RETURN TO A 40 HOUR
WORK WEEK FOR ALL GENERAL UNIT AND MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY (MCS) UNIT
CLASSIFICATIONS OF EMPLOYEES IN THE OFFICES OF THE
ASSESSOR, AUDITOR-CONTROLLER, COUNTY CLERK-
RECORDER-ELECTIONS, FARM ADVISOR, TREASURER-TAX
COLLECTOR, THE WOMEN, INFANTS AND CHILDREN'S (WIC)
UNIT OF THE PUBLIC HEALTH DEPARTMENT, AND PORTIONS
OF THE PUBLIC WORKS DEPARTMENT AND AUTHORIZE THE
CHAIR TO SIGN;
2. APPROVE BUDGET TRANSFER B-202 AUGMENTING THE SALARY
AND BENEFIT ACCOUNTS AND THE REVENUE
ACCOUNTS/FUNDING SOURCES OF AFOREMENTIONED
DEPARTMENTS FOR FISCAL YEAR 1996-97 FOR AN
ESTIMATED NET IMPACT ON THE COUNTY'S DISCRETIONARY
REVENUE OF $26,549; AND
3. ADOPT RESOLUTION AUTHORIZING A $1.00 RECORDING FEE
ON SPECIFIC DOCUMENTS PURSUANT TO GOVERNMENT
27361 (b) AND AUTHORIZE THE CHAIR TO SIGN.
4. Return of the Public Protection/Criminal Justice
Group, consisting of Probation/Juvenile Hall
(Budget Units 420/430), Public Guardian (Budget
Unit 500), Sheriff-Coroner (Budget Unit 360001-00),
District Attorney Child Abduction (Budget Unit
320003), District Attorney Criminal Division
(Budget Unit 320001), District Attorney Welfare
Fraud (Budget Unit 320005), along with Development
Services (specified unit), and Veteran's Service
Office to a 40 hour work week - action requested -
CONSIDER AS A TOP PRIORITY IN THE 1997-98 BUDGET
PROCESS. (****00)
Page 15'0
April 22, 1997
April 22, 1997
97-146 MOTION: I MOVE TO ADOPT RESOLUTION 97-53 APPROVING THE
RETURN TO A 40 HOUR WORK WEEK EFFECTIVE
MAY 17, 1997, FOR ALL GENERAL UNIT AND
MANAGEMENT, CONFIDENTIAL AND SUPERVI50RY {MCS)
UNIT CLASSIFICATIONS OF EMPLOYEES IN THE
OFFICES OF THE ASSESSOR, AUDITOR-CONTROLLER,
COUNTY CLERK-RECORDER-ELECTIONS, FARM ADVISOR,
TREASURER-TAX COLLECTOR, THE WOMEN, INFANTS
AND CHILDREN'S (WIC) UNIT OF THE PUBLIC HEALTH
DEPARTMENT, AND PUBLIC WORK5 DEPARTMENT
ADMINISTRATION, MAPPING, ENGINEERING AND
ADMINISTRATION AND NEAL ROAD LANDFILL
MANAGEMENT, AMEND THE PARAGRAPH AT THE TOP OF
PAGE THREE OF THE PROPOSED RESOLUTION AS
FOLLOWS: "WHEREAS, THE BOARD OF SUPERVISORS
DECLARES ITS INTENT TO RETURN THE FOLLOWING
DEPARTMENTS TO A 40-HOUR WORK WEEK ON JULY 12,
1997: PUBLIC PROTECTION AND CRIMINAL JUSTICE
DEPARTMENTS (PROBATION/JUVENILE HALL, PUBLIC
GUARDIAN, SHERIFF-CORONER/BUDGET UNIT 360001-
00, DISTRICT ATTORNEY'S CHILD ABDUCTION,
DISTRICT CRIMINAL, AND WELFARE FRAUD
DIVISIONS), VETERAN'S SERVICE OFFICE, AND
DEVELOPMENT SERVICES DEPARTMENT (BUDGET UNIT
440.002).", AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO ADOPT RESOLUTION 97-54 AUTHORIZING A
$1.00 RECORDING FEE ON SPECIFIC DOCUMENTS
PURSUANT TO GOVERNMENT CODE SECTION 27361 (b)
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 Y S Y (Motion Carried)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-202
AUGMENTING THE SALARY AND BENEFIT ACCOUNTS AND
THE REVENUE ACCOUNTS/FUNDING SOURCES OF
AFOREMENTIONED DEPARTMENTS FOR FISCAL YEAR
1996-97 FOR AN ESTIMATED NET IMPACT ON THE
COUNTY'S DISCRETIONARY REVENUE OF $26,549.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
97-147 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
Page 151
April 22, 1997
April 22, 1997
97-148 Public Comment. (PRESENTATIONS_WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (NONE)
Communications
97-149 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Ronald S. Dykstra, P.E., California Regional Water
Quality Control Board (RWQCB) - recommends that
the County limit density for new and existing
parcels, and any others on septic systems in valley
areas, to no greater than 1,000 gallons per day of
sanitary wastewater flow per acre. They request
that the County provide RWQCB an opportunity to
review any proposal that results in densities
greater than three dwelling units per acre and
greater than three units total. RWQCB will consider
the adoption of waste discharge requirements for
any development that exceeds this density and are
approved by the County (a modification to RWQCB's
approval of the County's review procedure as
indicated in their letter of January 19, 1993.)
(CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-
DEVELOPMENT SERVICES)
B. Ken Edson, President, Board of Directors, Mediation
Center of the North Valley - forwards to the Board
for information the 1996 Small Claims Advisor
Service Activity Report prepared by G. Douglas Day,
Program Director and Diane Hilzer, Director-
Mediation Center of the North Valley. (REFER TO
COUNTY COUNSEL)
C. Pat Olaskey et al., on behalf of the South Butte
County Task Force, Oroville - bring to the Board's
attention that there have been 15 deputies quit the
County's Sheriff's Department within the past year,
and the vast majority left for higher pay in other
counties or cities. They ask that the Board
evaluate more closely an increase in pay (for law
enforcement) or bearing the expense of recruiting,
screening and training new replacements. (REFER TO
CHIEF ADMINISTRATIVE OFFICER, SHERIFF-CORONER,
DIRECTOR-PERSONNEL)
Page 152
April 22, 1997
April 22, 1997
97-149 D. Jane Davis, Biggs - forwards a copy of the
California Tourism Marketing Act, and expresses her
opposition to the Act. Mrs. Davis requests that
the Board take a position of opposition, and
conduct public hearings to give interested persons
an opportunity to review the Act and have input.
(REFER TO TREASURER-TAX COLLECTOR FOR REPORT AND
RECOMMENDATION TO THE BOARD)
E. Betty Volker, Chair, Yahi Group
responds to the Board's action of
which a position of opposition was
(Sher and O'Connell.) They are in
and are asking the Board to send a
rescinding its first letter.
AGRICULTURAL COMMISSIONER)
Sierra Club -
April 8, 1997 in
taken to SB 1193
favor of SB 1193
follow up letter
(REFER TO
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
4:40 p.m. to reconvene on Tuesday,
April 29, 1997 at 9:00 a.m.
..
red C. Davis, Chair
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of t Board of Supervisors
By ~ ~~R_ ~ ~~
Page 153
April 22, 1997